World Wide Workshop - Terms of Use Agreement

Last updated: November 22, 2013

INTRODUCTION

The World Wide Workshop is a global organization that develops technology-based learning applications of social media technology and game production to enhance STEM learning, digital innovation, and entrepreneurship, and develop a better understanding of the world among youth.

The Globaloria Platforms, Tools, Curriculum, Training Programs, etc. (“Globaloria”) have been fully developed, owned, hosted, supervised, operated and maintained by the World Wide Workshop since 2006.

The following TERMS OF USE apply to all of our products, services and resources offered on the websites, wikis, and platforms we host, including:

USER CODE OF CONDUCT

The World Wide Workshop and its Globaloria Platforms operate in an “open communication Web2.0 spirit” in the products and services we provide to all customers equally. To foster the most technologically-advanced and best possible learning and teaching experience for all, we ask that all visitors and contributors honor the following code of conduct:

1. We ask that you to be active; to create, contribute, and collaborate:

Understand that your content is available for other Globaloria participants to use and repurpose

Expect attribution from others who use your content

Give credit to original creators yourself, attributing their work when you use their content

Do not contribute material you do not have the legal right to post

2. Share your knowledge!

The best kind of learning is peer-to-peer

Engage readily in open dialogue and exchange with others on Globaloria

Share your experience and expertise. Post everything on your pages

Share your project files and complete your learning logs

Become a learning resource yourself, and use others as resources for your own learning.

3. Respect others

Treat others and their contributions with respect and foster considerate dialogue.

Do not use offensive language. Inappropriate, crude, or abusive language is unacceptable.

Everyone's input is welcomed and honored.

"Trolling" others or demeaning their participation is not permitted. Report inappropriate behavior. Remove and/or report disrespectful or provocative content. Do not seek revenge.

4. No promotion of goods for sale by commercial sources

Our services exist to support learning and teaching, and foster creative expression by youth and educators. Promotion, advertisement and commercial selling of wares is strictly forbidden.

5. Protect your private information

Never share private information such as your address, phone number, e-mail address or any personal details on any of the pages of the Globaloria platform – in your wikis, blogs, forms, special project pages, as well as in your games, prototypes, videos, etc.

6. Be Smart: Be SAFE!

Only registered Globaloria members can read, edit and contribute content.

Educators monitor their own pages on the Educator and School platforms, and make decisions about who receives accounts with editing permissions.

Follow web safety protocols to protect your privacy and engage in safe communications with other participants.

If you see or experience any suspicious activity on any of our platforms, products, and services, report it immediately at the contact information provided at the bottom of this page.

LEGAL TERMS AND CONDITIONS OF SERVICE

By using our websites, resources, and wiki platforms, you agree to comply with the terms below, and signify that you have read, understand, and agree to be legally bound by the Terms of Service below.

1. SUBMISSIONS

You understand and agree that all postings, comments, edits, feedback, suggestions, ideas, photographs, images, notes, drawings, concepts, and other information, content, or materials posted on, transmitted through, or linked from the Globaloria platforms, either online or offline and whether or not solicited by Globaloria (collectively, "Submissions"), are the sole responsibility of the person from whom such Submissions originated. Globaloria is and shall be under no obligation (a) to maintain any Submissions in confidence; (b) to store or maintain the Submissions, electronically or otherwise; (c) to pay any compensation for any Submissions or any use thereof; or (d) to respond to any user in connection with or to use any Submissions. Globaloria shall not be liable for any use, non-use, or disclosure of any Submissions. You represent that, regarding any Submissions contributed by you that: (a) Submissions will not violate any right of any third party, including copyright, trademark, right of privacy, right of publicity, or other intellectual property, personal, or proprietary right(s); and (b) you are the owner of and/or have the right to provide such Submissions to us in accordance with this Agreement. You further represent that no such Submissions will be or contain libelous or otherwise unlawful, abusive, or obscene material. You are and shall remain solely responsible for the content of any Submissions you make.

As part of its products and platforms, most pages are viewable only to members whose accounts have been approved by a Workshop administrator. We have taken specific measures to protect the privacy of Globaloria pages and to prevent unauthorized viewing of their content. However, World Wide Workshop does not guarantee that private pages are completely secure. These pages may be vulnerable to hostile cyber attacks by third parties and therefore should be used at your own risk.

We reserve the right to remove pages from public view, delete, or purge the content with or without cause, with or without notice if we determine in our sole discretion that the content is harmful, offensive, illegal, or inappropriate for the subject matter of Globaloria. Furthermore, the World Wide Workshop may terminate this Agreement, or terminate or suspend your access to Globaloria and remove and discard any Submissions at any time, with or without cause, and with or without notice.

You agree to not use the Globaloria to:

Upload, post, email, transmit, or otherwise make available any content that we deem to be unlawful, harmful, threatening, abusive, harassing, false, inaccurate, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, or that violates any applicable law;

Harm minors in any way;

Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity;

Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through Globaloria;

Upload, post, email, transmit, or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships;

Upload, post, email, transmit, or otherwise make available any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;

Upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "link farms," "junk mail," "spam," "chain letters," 'pyramid schemes," or any other form of solicitation;

Upload, post, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;

Interfere with or disrupt the service, servers, or networks connected to the service, or disobey any requirements, procedures, policies, or regulations of networks connected to the service;

Intentionally or unintentionally violate any applicable local, state, national, or international law, encourage or provide instructions for a criminal offense, or otherwise violate the rights of any party;

"Stalk" or otherwise harass another; or

Collect or store unauthorized personal data about other users.

2. DISCLAIMER OF RESPONSIBILITY FOR THIRD PARTY CONTENT; RESERVATION OF RIGHTS

The World Wide Workshop takes no responsibility and assumes no liability for any Content or Submissions posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, profanity, or objectionable material you may encounter. Your use of Globaloria is at your own risk. As a provider of interactive services, we are not liable for any statements, representations, Submissions, or Content provided by its users. Although we have no obligation to screen, edit, or monitor any Submissions posted by users, we reserve the right, at our sole discretion, to remove, take down, destroy, or delete any Content or Submissions at any time and for any reason, including without limitation, Submissions that we deem inappropriate, offensive, or which we believe may subject us to any liability. We may access, use, and disclose transaction information about your use of Globaloria, and any Submissions transmitted by you via or in connection with Globaloria, to the extent permitted by law, in order to comply with the law (e.g., a lawful subpoena); to initiate, render, bill, and collect for our services; to protect our rights or property, or to protect users of Globaloria from fraudulent, abusive, or unlawful use of our Globaloria. INDIRECT OR ATTEMPTED VIOLATIONS OF THIS AGREEMENT OR ANY RELATED POLICY, GUIDELINE, OR AGREEMENT, AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON YOUR BEHALF SHALL BE CONSIDERED VIOLATIONS OF THIS AGREEMENT BY YOU. Any use of the Globaloria in violation of the foregoing is in violation of these terms and may result in, among other things, the termination or suspension of your rights to use Globaloria.

3. DISCLAIMER OF WARRANTY

GLOBALORIA AND THE CONTENT AVAILABLE THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT USE OF THIS GLOBALORIA AND/OR ITS CONTENT IS AT YOUR SOLE RISK.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE WORLD WIDE WORKSHOP AND ITS AFFILIATES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

YOU EXPRESSLY AGREE THAT USE OF GLOBALORIA, INCLUDING ALL CONTENT AND/OR DATA DOWNLOADED OR ACCESSED FROM OR THROUGH THE GLOBALORIA, IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS, YOUR COMPUTER SYSTEM, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT AND/OR DATA.

WORLD WIDE WORKSHOP ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY A USER, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA FROM DELAYS, NONDELIVERIES OF CONTENT OR EMAIL, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OF CONTENT OR EMAIL, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION, OR SERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF WWW, ITS AFFILIATES, ITS LICENSORS, OR A USER'S OWN ERRORS AND/OR OMISSIONS, EXCEPT AS SPECIFICALLY PROVIDED HEREIN.

WORLD WIDE WORKSHOP DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH GLOBALORIA WILL BE MAINTAINED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GLOBALORIA OR THROUGH GLOBALORIA SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN WRITING.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

4. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION OR NEGLIGENCE, SHALL WORLD WIDE WORKSHOP OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE GLOBALORIA OR ANY CONTENT CONTAINED ON GLOBALORIA, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS, TRANSMISSIONS, OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF WORLD WIDE WORKSHOP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PARTIES ACKNOWLEDGE THAT THIS IS A REASONABLE ALLOCATION OF RISK.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

5. INDEMNIFICATION; DAMAGES FOR UNAUTHORIZED ACCESS

Do not display your personal information.

You are entirely responsible for maintaining the confidentiality of your user name, password, and account, as well as activities that occur under your account. You must have only one account that truly represents who you are in the real world (student, teacher, administrator, expert consultant, intern, etc.). You hereby indemnify, defend, and hold us and our affiliates and our officers, directors, owners, agents, information providers, licensors, and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liabilities and costs incurred by the Indemnified Parties in connection with any claim arising out of: (a) any breach by you of these Terms of Use; or (b) any Submissions you provide, including without limitation, any claim by a third party that your Submissions infringe or violate such third party's rights or interests. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

6. LINKS; THIRD-PARTY CONTENT; THIRD PARTY USE OF INFORMATION

Globaloria may provide, or third parties may provide, links to other World Wide Web resources. Because WORLD WIDE WORKSHOP has no control over such sites and resources, we explicitly disclaim any responsibility for the accuracy, content, or availability of information found on sites that link to or from Globaloria. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from Globaloria or third-party content on Globaloria. We do not endorse any merchandise, nor have we taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party sites or content. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such sites and third-party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

7. PRIVACY

The World Wide Workshop cares about the privacy of its users. By using Globaloria you agree to our Privacy Policy.

8. NOTIFICATION OF CLAIMS OF COPYRIGHT INFRINGEMENT

World Wide Workshop respects the intellectual property of others and we require our users to do the same. If you believe that any material on Globaloria infringes upon any copyright you own or control, or that any link on Globaloria directs users to another website containing material that infringes upon any copyright you own or control, you may file a notification of such infringement with our Designated Copyright Agent as set forth below.

Notice and Procedure for Notifying Designated Agent of Claims of Copyright Infringement

We will respond expeditiously to notices of alleged infringement that are reported. If you believe that your copyright has been infringed upon, please submit written notification to World Wide Workshop at the contact address provided at the bottom of this page, and include the following:

Identification of the copyrighted work claimed to have been infringed upon, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

Identification of the material that you are claiming has been infringed upon or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.

"I hereby state that I have a good-faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g. as a fair use)."

"I hereby state that the information in this notification is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright, or of an exclusive right under the copyright that is allegedly infringed."

Your full legal name and your electronic or physical signature.

Infringer Policy: In accordance with the Digital Millennium Copyright Act (DMCA), the text of which may be found on the U.S. Copyright office website at http://www.copyright.gov/legislation/dmca.pdf, and other applicable law, World Wide Workshop has adopted a policy of banning, in appropriate circumstances and at its sole discretion, users who are deemed to be repeat infringers. World Wide Workshop may also at its sole discretion limit access to any website hosted by the Workshop and/or terminate the accounts of any users who infringe upon any intellectual property rights of others, whether or not there is any repeat infringement.

Counter Policy: A poster of allegedly infringing material may make a counter-notification pursuant to Sections 512(g)(2) and 512(g)(3) of the DMCA. When WWW receives a counter-notification, it may in its sole discretion reinstate the material in question. To provide a counter-notification, please submit written notification to the Workshop’s Designated Agent as specified above and include the following:

Identification of the copyrighted work claimed to have been infringed upon, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

Identification of the material that you are claiming has been infringed upon or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.

"I hereby state that I have a good-faith belief that the disputed use of the copyridght material is not authorized by the copyright owner, its agent, or the law (e.g. as a fair use)."

"I hereby state that the information in this notification is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright, or of an exclusiice right under the copyright that is allegedly infringed."

Your full legal name and your electronic or physical signature.

Counter Policy: A poster of allegedly infringing material may make a counter-notification pursuant to Sections 512(g)(2) and 512(g)(3) of the DMCA. When World Wide Workshop receives a counter-notification, it may in its sole discretion reinstate the material in question. To provide a counter-notification, please submit written notification to the World Wide Workshop’s Designated Agent as specified above and include the following:

Identification of the material that has been removed or to which access has been disabled by the World Wide Workshop and the location at which the material appeared before it was removed or access was disabled.

A statement as follows: "I hereby state, under penalty of perjury, that I have a good-faith belief that the material was removed or disabled as a result of mistake of misidentification of the material to be removed or disabled.

A statement as follows: "I hereby consent to the jurisdiction of the Federal District Court for the judicial district in which my address is located or, if any address is outside the United States, for any judicial district in which the World Wide Workshop may be found, and I will accept service of process from the complaining party who notified the World Wide Workshop of the alleged infringement or an agent of such person."

Your full legal name and your electronic or physical signature.

9. CONTACT US

If you have any questions about this Agreement, the practices of World Wide Workshop, Globaloria, or your dealings with either, please contact us via email at:

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